United States v. Palomares – Do It For The Caselaw

Holding: The Fifth Circuit held that alien smuggling is an inherently dangerous felony, permitting the government to disarm individuals convicted of that offense consistent with the Second Amendment.
Standard: Bruen historical tradition test
Vote: Panel Decision
Practical effect: Convictions for alien smuggling now support firearm prohibitions under Section nine hundred twenty-two subsection G one. Defendants can no longer successfully challenge these prohibitions by claiming alien smuggling is not analogous to dangerous felonies.

The Fifth Circuit reversed a district court ruling that dismissed a felon-in-possession charge against a defendant convicted of alien smuggling. The court held that alien smuggling is an inherently dangerous felony, allowing the government to disarm the defendant under the Second Amendment.

Background

Concepcion Palomares was charged with unlawful possession of a firearm as a felon under Section eighteen United States Code Section nine hundred twenty-two subsection G one. The charge was based on his prior conviction for transporting illegal aliens. Palomares moved to dismiss the charge, arguing it violated the Second Amendment. The district court granted the motion, finding the statute unconstitutional as applied to him.

The court’s reasoning

The court applied the Bruen framework, noting that the Second Amendment’s plain text covers the conduct. The government must demonstrate that the regulation is consistent with the Nation’s historical tradition. The court found that alien smuggling is an inherently dangerous felony, similar to drug trafficking which was previously upheld in United States versus Kimble. The court reasoned that Founding-era governments took guns away from those perceived to be dangerous. Because alien smuggling often results in death and injury, Congress may disarm convicted alien traffickers without violating the Second Amendment.

What it means going forward

Convictions for alien smuggling now support firearm prohibitions under Section nine hundred twenty-two subsection G one. Defendants can no longer successfully challenge these prohibitions by claiming alien smuggling is not analogous to dangerous felonies.